Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1645)

CTA METAL WORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 12 JUNE 2025

Application for approval of the CTA Metal Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CTA Metal Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry and Maritime Employees Union, sought approval for an Enterprise Agreement between the CTA Metal Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027. The dispute was heard in the Fair Work Commission, an Australian federal statutory authority responsible for the administration of workplace laws. The central issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant statutory requirements and if it could be approved under the Fair Work Act 2009.

The Commission examined various provisions within the Enterprise Agreement, including pay rates, conditions of employment, and dispute resolution mechanisms. The key legal issue revolved around whether the agreement met the 'better off overall test', which requires that employees be no worse off financially and generally have improved conditions as a result of the agreement. The Commission also considered whether the agreement contained any terms that might unfairly disadvantage any party. In determining whether the agreement met the statutory criteria, the Commission applied the principles of good faith bargaining and assessed the fairness of the terms proposed.

After careful consideration, the Fair Work Commission determined that the proposed Enterprise Agreement met all statutory requirements. The Commission found that the agreement was fair and reasonable, providing improved conditions for the employees while also ensuring that no party was unduly disadvantaged. The Commission approved the agreement under the Fair Work Act 2009, and the decision was made final and binding. The Commission's decision confirmed the approval of the Enterprise Agreement, effective from the date of the decision.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established